Estate management - Practicalities of making a Will at this time

Suzanne Porter Suzanne Porter 07 April 2020

Suzanne Porter, director in the Private Client team at Wake Smith Solicitors looks at the difficulties, and solutions, of making a Will under Coronavirus pandemic circumstances.

According to the Law Society, enquiries about making a Will have increased by 30 per cent since self isolation was introduced.

They say most instructions have come from the elderly and the vulnerable, who by current definition need to self-isolate for a period of time.

How is Wake Smith addressing Will writing during the coronavirus outbreak?

“We are still providing a service, as delaying writing a Will can obviously be risky for the testator who may already have ill health, but we are complying with Government advice.

“Most instructions coming in to Wake Smith have been from business men and owners of companies, some elderly and vulnerable. Not just those at high risk. Mostly, our enquiries are coming from those who hadn’t previously made a Will.

“We are using technologies such as Skype and Zoom to allow us to consult with clients to draft the Will.”

How are you currently assessing and recording the testator’s mental capacity?

“Capacity assessment is as normal. If in doubt we can use our specialist doctors and consultants to do virtual Zoom assessments on capacity.

“We are following the usual check lists, as we are specialists and being careful to consider undue influence and family set ups.”

How are you dealing with signing the Will?

“We are complying with the Government’s guidance to reduce social contact, while also arranging for Wills to be validly signed.

“We have been sending Wills to clients and asking them to make arrangements for suitable witnesses to visit them while maintaining distance so far as possible. However, each practitioner is making a decision on the merits of the particular case, and the relative risks to both the client and the practitioner.

“Some clients are printing the Wills themselves to sign at home. Once draft approved and emailed. Then returning top copy or keeping at home but scanning us a signed copy back for our records and proof of what has been executed.”

How can independent witnesses witness the testator’s signature due to current the situation?

“As of yet, there is not any official confirmation that e-signatures or video-witnessing will be accepted by the authorities.

“The Government recently officially accepted the Law Commission’s opinion that electronic signatures on contracts and many deeds are already legally valid in England and Wales without the need for formal primary legislation, but Wills remain an exception to this. We are monitoring the situation daily.”

Why should I have a Will?

“Having a Will ensures your assets go to those you wish and intend them to go to. It allows your wishes and intentions to be known by your family and loved ones. It also makes sure those who you do not want to benefit from your estate don’t.

“It gives you the opportunity to make provisions for the care of any minor children on your death and ensures your partner is provided for, especially if you are not married.

“It ensures treasured possessions and family heirlooms pass to who you wish them to, and if you have no that your assets do not go to the state.

“It is a good place to make your funeral wishes known and offers less stress for your family and loved ones after your death.”

To talk about your Will call the Private Client team at Wake Smith Solicitors on 0114 266 6660.

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